Legal concepts

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Legal concepts

The legal concepts change with the legal history. There are developments in the theories and concepts of law (including in separate doctrinal areas) over the past decades which have effect in the tort, contract, crime, property and Administrative law .

Typical concepts in this subject are: harm wrongfulness, fault, responsibility, causation, liability, punishment, regulation, restitution, compensation, negligence, intention, fraud and moral luck.

One major theme is the interrelation between different branched of the law, and more generally, the claimed distinction between private and public law. Another major theme is the conflict between economic, justice and other types of explanations of different branches of the law, and the problems these explanations raise.

Further reading:

    • Fundamentals of Law – Book 1 and Legal Concepts.”Meiser, Gerald., 2011
    • Legal Research and Legal Concepts: Where Form Molds Substance, RC Berring – California Law Review , 1987
    • Legal concepts meet technology: a 50-state survey of privacy laws, MB Russom, RH Sloan… – Proceedings of the 2011 Workshop …, 2011
    • Fundamental legal concepts as applied in the study of primitive law, EA Hoebel – Yale LJ, 1941
    • Judging mens rea: The tension between folk concepts and legal concepts of intentionality, BF Malle… – Behavioral sciences & the law, 2003
    • Legal Concepts in Cases of Eminent Domain, JM Cormack – Yale LJ, 1931
    • Legal Research and Legal Concepts: Where Form Molds Substance, RC Berring – California Law Review , 1987
    • Fundamental legal concepts: A formal and teleological characterisation, G Sartor – Artificial Intelligence and Law, 2006
    • Legal Theory Lexicon 057: Realist Deconstruction of Formal Legal Categories, L Solum – 2011



See Also

  • Legal concept of standing
  • Legal concept of choice of law
  • Legal concept of agency
  • Legal concept of land
  • Legal concepts of health care

Additional Further Reading

  • Kevin D. Ashley, Modeling Legal Arguments: Reasoning with Cases and Hypotheticals, MIT Press, Cambridge, MA, 1991
  • Hart, H. L. A. (1958). The Concept of Law. Clarendon Press. Oxford, U.K.
  • Llewellyn, K. N. (1989). The Case Law System in America. The University of Chicago Press.
  • Levi, (1949). An introduction to legal reasoning. University of Chicago Press.
  • Radin, Max (1933). Case Law and Stare Decisis: Concerning Prajudizienrecht in Amerika. Columbia Law Review, Volume 33, p. 199.
  • E. L. Rissland, Dimension-based analysis of hypotheticals from supreme court oral argument, Proceedings of the 2nd international conference on Artificial intelligence and law, p.111-120, May 1989, Vancouver, British Columbia, Canada
  • E. L. Rissland , K. D. Ashley, A case-based system for trade secrets law, Proceedings of the 1st international conference on Artificial intelligence and law, p.60-66, May 27-29, 1997, Boston, Massachusetts, United States
  • Rissland, E.L., & Collins, R. (1986). The Law as Learning System. Proceedings Eighth Annual Cognitive Science Society Conference, 511-513.
  • E. L. Rissland , D. B. Skalak , M. T Friedman, Supporting Legal Arguments through Heuristic Retrieval, University of Massachusetts, Amherst, MA, 1994

About the Author/s and Reviewer/s

Author: international

Mentioned in these Entries

Administrative law, Boolean and Free-text Searching for Legal Research, Briefs in Law, California Law Review, Development International Law -1, History of Year Books, Index to Subject Matter of Victorian Legislation, International Humanitarian Law Part 6, International humanitarian law Part 6, Legal Research, Legal subjects, Network 16, Outline to Global Business Law, The Year Books.

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